Wisconsin is a no-fault divorce state. This means adultery or cheating plays no direct role in whether a spouse receives or pays alimony, known as spousal maintenance. Even when one partner was completely blindsided by infidelity and upending long held plans, financial or otherwise, courts do not punish the cheating spouse or reward the other one when determining spousal maintenance.
Although, adultery alone does not increase or decrease payments, or decide if a spouse will receive maintenance or a bigger share of property in a divorce, there is one narrow exception which involves “dissipation of marital assets” (e.g., spending thousands on gifts, trips, or hotels to swoon a new romantic partner). The court may adjust property division to compensate the innocent spouse. Because property division is one factor in maintenance decisions, this can indirectly influence the final support amount—but the infidelity itself is still irrelevant.
There is no formula or calculator like child support. Instead, under Wisconsin law, the court has broad discretion and must consider several statutory factors (among others it deems relevant):
Length of the marriage
Age and physical/emotional health of both parties
Division of property
Educational levels at marriage and at divorce
Earning capacity of the spouse seeking maintenance (including training, work history, time out of the workforce for child-rearing, and cost of further education)
Feasibility of the seeking spouse becoming self-supporting at a standard of living reasonably comparable to the marriage
Tax consequences
Any other factor the court finds relevant (e.g., contributions to the marriage, sacrifices for the other spouse’s career)
The court first decides whether maintenance is needed, then how much (monthly amount) and for how long (limited term or indefinite, especially in long marriages). For a blindsided spouse with lower earnings or who sacrificed career opportunities, maintenance can still be substantial regardless of the reason for the split, with a focus on meeting the receiving spouse’s reasonable needs against the paying spouse’s ability to pay even if on a temporary basis during the divorce process or for a period of time after so the recipient can get back on their feet via job training or education. As a rule of thumb, short marriages (under 10 years) often result in limited or no maintenance; longer marriages increase the likelihood of ongoing support.
Wisconsin Spousal Maintenance Attorney
When you have questions regarding infidelity and your spousal maintenance determination, marital property division, or child custody and support as part of your Wisconsin divorce or separation agreement, contact family law attorney Jane Probst for answers at 414-210-3135.